Addendum details regarding queer persecution in Nazi Germany
editThis was getting long, and I figured that not everyone in the thread was interested in the finer details, but you appear to be, so adding it as a page in my space to link to below. Note that I will use terms below from the papers with regard to the terminology used at the time, e.g. "Transvestit", a term coined by Magnus Hirschfeld in 1910 was the term predominantly used for what we nowadays understand as transgender people. Hirschfeld also coined the later term "Transsexualismus" in 1923, which made its way to English in 1949/1950, creating "transsexualism" and "transsexual" in the English language (several years after the end of WWII). The term Transsexuell was adopted by some trans people at the time, as it more clearly delineated the ambiguity that Transvestit sometimes carried.
Re "sources of marginal quality"
, whether it's the expert testimony from historical researchers on the specific topic given at the Bundestag, or the fact that they have written books,[1] chapters,[2] and academic papers,[3][4] (this isn't exhaustive, but some of the more recent and relevant for the discussion) which discuss some of the facts that a lot of old research was simply missing data, as well as a lack of understanding of how they were tracked. Some of this was due to the language at the time not having been in society. Some of it, due to the fact that most of the trans research was destroyed in the attack on the Institut für Sexualwissenschaft and the subsequent book burning. Indeed, most people in society nowadays don't know that the famous Berlin book burning image known worldwide was burning most of this research.
Marhoefer's paper from 2023 talks about their ongoing research project tracking cases of several victims, noting that their research "To my knowledge this is the largest number of cases ever discussed at once."
[3]
As Rainer Herrn calls out in his paper on the current state of research on trans victims paper,[4] saying there is much to be done yet, but he also explains and talks about some of the reasons on why the distinct tracking has been difficult, noting that the sexual scientific/linguistic concepts didn't exist long enough, Transvestiten were grouped into the general category of Konträrsexuellen (de) from the 1869, which, what we now call homosexuality was also under. The term homosexuality slowly replaced it, along with other terms such as pederasty after the inclusion in 1886 Psychopathia sexualis. The term Transvestit (de) only came about in 1910 when Hirschfeld coined it but did not get adopted as rapidly by the public outside of people using it for themself. It is also important to understand that the German language legal texts only ever focused on people's gender (Geschlecht), and people's sexual acts (sexuelle handlungen. Sexual orientation was not a thing in letters of the law until the late 20th century. Herrn has an example from the Hamburg Police from 1932 that said "On request, transvestites ... can be issued a pass that says that the government is aware that the person is wearing clothes of the other gender...transvestites who are homosexually dispositioned and working as female-immitators, dancer or otherwise artistically shall, on request, receive such a pass without further ado..."
[a] A legal draft in West-Germany from 1962 shows the phrase "gleichgeschlechtlicher Unzucht" (transl. "same-gender indecency") [b] We have further evidence of the conflation of "Transvestiten" and "Homosexuelle" as a result of Herrmann Ferdinand Voss's 1938 paper [c] Nazi-era study of transvestites. It asserted that “in public they endanger orderly life and the wellbeing of society” and that “their asocial dispositions, which are often paired with criminal activity, justify draconian measures on the part of the state.”[3] Voss requested data from police stations around the country to get data on the prevalance of transvestites and upon review of the data noted that the numbers were too low in general, and that the police records noted "homosexual" for almost all of the cases reported.[d] Voss noted that it is likely that likely the scientific distinctions (much of which was Hirschfeld's research) that Transvestiten were not just a subset of Homosexuelle had not made its inroads to German police as those determinations were made by police, not doctors.[4]
The very people that were invited by the German Bundestag at the commission hearing to help the German government gather more information to help them draft legal recognition and reparation amendments, are also the people that have written a lot of the above cited research. This is no coincidence; these historians are some of the foremost experts on the area. So I do recommend you give their papers above enough credit, as well as the hearing transcript (and the adjacent textual submissions) - if you speak German, you can also watch the recording of the May 22, 2023 hearing itself, which I found very interest.
The historians note that a lot more research is yet to be done and funding for such research is needed,, but material on it exists and it is without question that the persecution of Nazi Germany extended beyond gay men, it was just a matter of tracking, some of which due to the lack of terminology, some of which that even the persecution of Homosexuelle was a lot less structured than people sometimes assume. And similarly, Persecution of other queer groups such as trans or lesbians were persecuted, sometimes under the assumption that they must be homosexual and use 175, sometimes as asocial (both for trans, particularly for lesbians).
I will note lastly that I believe some of this also comes down to linguistic difference between what we understand as persecution in German, and what your interpretation of persecution in English is.
The en-wiki Persecution definition is very narrow and indeed not actually in line with the general understanding of the phrase. The United Nations were very clear when they created the 1951 Refugee Convention that a narrow definition of persecution is inappropriate - The core concept of persecution was deliberately not defined in the 1951 Convention, suggesting that the drafters intended it to be interpreted in a sufficiently flexible manner so as to encompass ever-changing forms of persecution.
UNHCR Glossary of Terms - Persecution:
There is no universally accepted definition of persecution, and the term is not defined in the 1951 Convention. It can be considered to encompass serious human rights violations, including a threat to life or freedom, as well as other kinds of serious harm. In addition, lesser forms of harm may cumulatively amount to persecution. Discrimination will also amount to persecution where the effect leads to a situation that is intolerable or substantially prejudicial to the person concerned....Persecution can be related to action by the authorities of the State, but may also emanate from non-state agents, such as armed groups, criminal or organized gangs, family members or the general population, where the State is unable or unwilling to provide protection.
The core concept of persecution was deliberately not defined in the 1951 Convention, suggesting that the drafters intended it to be interpreted in a sufficiently flexible manner so as to encompass ever-changing forms of persecution.
We should really correct the en-wiki article to include some of this as it seems rather peculiar that our article on persecution isn't linking to the legal basis that most countries of the world are using for basis of asylum.
Lastly, as it pertains to this case, in German in particular, the linguistic use of "Verfolgung" is similarly freer in its definition (and practical use in Germany, Austria). Likely some of this is in respect to the historic events of WWII.
- Duden German language dictionary definition is similarly intentionally vague, listing some examples, but not saying this is a limited set
"(aus politischen, rassischen, religiösen Gründen) jemandes Freiheit einengen, ihn zu vertreiben, gefangen zu setzen suchen, ihm nach dem Leben trachten
Beispiele:
- dieses Regime verfolgt oppositionelle Kräfte erbarmungslos
- 〈substantiviertes 2. Partizip:〉 sie waren Verfolgte des Naziregimes
- die politisch Verfolgten baten um Asyl"
the act or practice of persecuting especially those who differ in origin, religion, or social outlook
to harass or punish in a manner designed to injure, grieve, or afflict
specifically: to cause to suffer because of belief
Persecution is cruel and unfair treatment of a person or group, especially because of their religious or political beliefs, or their race.
...the persecution of minorities.
...victims of political persecution.
We had to leave the country because of the persecutions
Oppression, esp. on the grounds of religious faith, political belief, race, etc.; the fact of being persecuted. Also: the action of pursuing or persecuting a person or group with hostile intent.
transitive. To seek out and subject (a person, group, organization, etc.) to hostility or ill-treatment, esp. on grounds of religious faith, political belief, race, etc.; to torment; to oppress.
Refs
edit- ↑ Hájková, Anna (2024). Menschen ohne Geschichte sind Staub: queeres Verlangen im Holocaust. Göttingen: Wallstein Verlag. ISBN 978-3-8353-5641-2.
- ↑ Herrn, Rainer (28 July 2014). "„In der heutigen Staatsführung kann es nicht angehen, daß sich Männer in Frauenkleidung frei auf der Straße bewegen.": Über den Forschungsstand zum Transvestitismus in der NSZeit". Homosexuelle im Nationalsozialismus: Neue Forschungsperspektiven zu Lebenssituationen von lesbischen, schwulen, bi-, trans- und intersexuellen Menschen 1933 bis 1945 (in German). De Gruyter Oldenbourg: 101–106. doi:10.1524/9783486857504.101/html.
- 1 2 3 Marhoefer, L. (2023). "Transgender Life and Persecution under the Nazi State: Gutachten on the Vollbrecht Case". Central European History. 56 (4): 595–601. doi:10.1017/S0008938923000468.
- 1 2 3 Herrn, Rainer (21 December 2013). "Transvestitismus in der NS-Zeit – Ein Forschungsdesiderat". Zeitschrift für Sexualforschung. 26 (04): 330–371. doi:10.1055/s-0033-1356172.
Notes
edit- ↑
"Auf Antrag kann den Transvestiten ... ohne Bedenken eine Bescheinigung ausgestellt werden, die besagt, daß es der Behörde bekannt ist, daß die betreffende Person die Kleidung des anderen Geschlechts trägt. ... Transvestiten, die homosexuell veranlagt sind und sich nachweislich als Damenimitator, als Tänzer oder sonst wie artistisch betätigen, können auf Antrag solche Bescheinigungen ohne weiteres erhalten..." (Förster 1932: 36)
- ↑ In deutschsprachigen Gesetzestexten stand immer das Geschlecht der Personen und die Sexuelle Handlung im Vordergrund. Sexuelle Orientierung war nie von Interesse und der Begriff Homosexualität wurde dort nie verwendet. In einem Gesetzesentwurf der BRD aus dem Jahre 1962 war von „gleichgeschlechtlicher Unzucht“ die Rede und Österreich setzte diese Formulierung 1971 in die Tat um. Auch waren von 1767 bis 1971 die österreichischen Verbote immer geschlechtsneutral gehalten, da es für Frauen und Männer strafbar war. Danach waren bis 1997 zwei Paragraphen für Schwule und Lesben gültig.(details)
- ↑ Voss 1938, "Ein Beitrag zum Problem des Transvestitismus", transl. "A contribution to the problem of transvestitism"
- ↑ „Die mir gemeldeten Trten.-Zahlen stellen wahrscheinlich nur einen Teil der wirklich vorhandenen dar. Die Trten. sind äußerst vorsichtige Personen, die jeder Berührung mit der Polizei sorgsam aus dem Wege gehen, und sie werden daher häufig nicht zur Erkennung gelangen. Ueber die Kriminalität der Trten. gingen kaum Angaben ein. Die meisten Berichte lassen erkennen, dass es sich bei den bekannt gewordenen Trten. um Homosexuelle, teils auch um Prostituierte handelt“transl. "The numbers reported to me probably represent only a part of the really existing numbers. The Trten. are extremely cautious people who carefully avoid any contact with the police, and they will therefore often not be recognized. On the criminality of the trten. hardly any information was received. Most reports indicate that the known trten. are homosexuals, and in some cases also prostitutes."